Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 76-H.F.No. 1282 
           An act relating to local government; providing 
          procedures for storm sewer improvements; amending 
          Minnesota Statutes 1990, section 444.18, by adding a 
          subdivision; repealing Minnesota Statutes 1990, 
          section 444.18, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 444.18, is 
amended by adding a subdivision to read: 
    Subd. 3.  Before the municipality awards a contract for an 
improvement, the governing body shall hold a public hearing on 
the proposed improvement following two publications in the 
official newspaper of a notice stating:  
    (1) the time, date and place of the hearing; 
    (2) the general nature of the improvement; 
    (3) the estimated cost; 
    (4) the area over which any levy will be imposed; and 
    (5) the term over which the costs will be recovered.  
    The two publications shall be a week apart and the hearing 
shall be at least 3 days after the last publication.  Not less 
than ten days before the hearing, notice of it shall be mailed 
to the owner of each parcel within the area proposed to be 
taxed, including the estimated tax to be levied against each 
parcel in the first year.  Failure to give mailed notice or any 
defects in any notice shall not invalidate the proceedings.  For 
the purpose of giving mailed notice, owners shall be those shown 
to be owners on the records of the county treasurer.  
    Before the hearing, the council shall secure from the city 
engineer or some other competent person a report advising it in 
a preliminary way as to: 
    (a) whether the proposed improvement is feasible; 
    (b) whether it should be made as proposed or in connection 
with some other improvement; and 
    (c) the estimated cost of the improvement.  
No error or omission in the report shall invalidate the 
proceeding unless it materially prejudices the interest of an 
owner.  The council may also take other steps before the hearing 
including among other things the preparation of plans and 
specifications and the advertisement for bids on them that will 
in its judgment provide helpful information in determining the 
desirability and feasibility of the improvement.  The hearing 
may be adjourned from time to time.  A resolution ordering the 
improvement may be adopted at any time within six months after 
the date of the hearing. 
    Sec. 2.  [REPEALER.] 
    Minnesota Statutes 1990, section 444.18, subdivision 2, is 
repealed. 
    Presented to the governor May 9, 1991 
    Signed by the governor May 13, 1991, 11:50 a.m.